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Mistakes happen and in some cases these mistakes can have lasting consequences. If you are facing Minor in Possession (MIP) charges it is extremely important to retain an experienced defense lawyer that can provide you with options and help you mitigate the damage already done.
A charge of Minor in Possession means that you, being a person under the age of 21 years, have been given a citation by a police officer or Texas Alcohol Beverage Control Officer for being illegally in possession, ownership, or control of an alcoholic beverage.
The unfavorable outcome of a Minor in Possession case can affect your ability to gain acceptance into college, graduate school or the military, secure employment or even apply for student loans. Make sure that you understand the options available to you and your family before making a decision that can impact your life for years to come.
At Joyner + Joyner, P.C., our Minor in Possession lawyers have the experience to guide you through the Texas justice system. We have helped many families through these tough times by answering their questions and making sure that our clients understand what is happening at every stage the case. We will advocate on your behalf and work to obtain the best possible outcome.
According to the Texas Alcoholic Beverage Code:
106.05 Possession of Alcohol by a Minor
Texas Alcoholic Beverage Code, Sec. 106.05 provides that a minor (a person under the age of 21 years) commits this offense if he possesses an alcoholic beverage.
A minor may possess alcohol if he is in the visible presence of his adult (over the age of 21 years) parent, guardian, spouse, or other adult to whom he has been committed by a court.
A minor may possess alcohol while in the course and scope of his employment if he is an employee of a license or permittee and the employment is not prohibited by this code.
This offense is a Class “C” misdemeanor punished by a fine not to exceed $500.00. However, if a minor has 2 prior convictions, the punishment is a fine of not less than $250.00 or more than $2,000.00 and/or confinement in jail for a term not to exceed 6 months.
The court shall order a convicted minor to perform community service for not less than 8 or more than 12 hours. However, if he has a prior conviction, the community service is not less than 20 hours or more than 40 hours.
The court shall order the Department of Public Safety to suspend the minor’s driver’s license or permit or, if he does not have one, to deny the issuance of one for: 30 days if he has no prior convictions; 60 days if he has one prior conviction; or 6 months if he has 2 prior convictions.
It is important to note that for the purpose of determining whether a minor has a prior conviction, an order of deferred adjudication for a prior offense is considered a conviction.
The court shall require a convicted minor who has not been previously convicted to attend an alcohol awareness course approved by the Texas Commission on Alcohol and Drug Abuse. If he has been previously convicted, the court may require him to attend the course.
Our attorneys have successfully represented clients with the following cases: